Yesterday, as he released four Bush-era legal memos authorizing the torture of terrorist suspects, President Obama made it clear he would not support any prosecutions of low-level interrogators who actually carried out Bush’s policies. “[I]t is our intention to assure those who carried out their duties relying in good faith upon legal advice from the Department of Justice that they will not be subject to prosecution.”

The ACLU's lead counsel, Jameel Jaffer, told Glenn Greenwald that Obama was very careful in his wording, and that nothing the President or Eric Holder had said precludes prosecution of the people responsible for these policies.

By the way, I read some of the torture memos myself, and they are as ugly and grotesque as you might imagine.

In the aftermath of the 9/11 attacks, the Justice Department secretly gave the green light for the U.S. military to attack apartment buildings and office complexes inside the United States, deploy high-tech surveillance against U.S. citizens and potentially suspend First Amendment freedom-of-the-press rights in order to combat the terror threat, according to a memo released Monday.had been asked to

Many of the actions discussed in the Oct. 23, 2001, memo to then White House counsel Alberto Gonzales and Secretary of Defense Donald Rumsfeld's chief lawyer, William Haynes, were never actually taken.

But the memo from the Justice Department's Office of Legal Counsel—along with others made public for the first time Monday—illustrates with new details the extraordinary post-9/11 powers asserted by Bush administration lawyers. Those assertions ultimately led to such controversial policies as allowing the waterboarding of terror suspects and permitting warrantless wiretapping of U.S. citizens—steps that remain the subject of ongoing investigations by Congress and the Justice Department. The memo was co-written by John Yoo, at the time a deputy attorney general in the Office of Legal Counsel. Yoo, now a professor at the Boalt Hall School of Law at the University of California, Berkeley, has emerged as one of the central figures in those ongoing investigations.

30 January 2009

:: The author of the Bush administration legal memos on torture, Yoo predicted dire consequences in an opinion piece on The Wall Street Journal online.

Eliminating the Bush system will mean that we will get no more information from captured al Qaeda terrorists. Every prisoner will have the right to a lawyer (which they will surely demand), the right to remain silent, and the right to a speedy trial.Relying on the civilian justice system not only robs us of the most effective intelligence tool to avert future attacks, it provides an opportunity for our enemies to obtain intelligence on us.

In fact, the Army Field Manual explicitly permits good cop-bad cop interrogations under the name of “Mutt and Jeff” interrogations, which involve two interrogators “display[ing] opposing personalities and attitudes toward the source.” The Field Manual says the “goal of this technique is to make the source identify with one of the interrogators and thereby establish[ing] rapport and cooperation.”

Yoo has no idea what he’s talking about. Nothing requires anyone to “be polite” — although the rapport building method has often proved to be interrogators’ most effective technique. And the notion that good-cop/bad-cop would be banned is simply false, Media Matters pointed out earlier this week:

It’s no secret that Yoo is an ardent torture enthusiast: He famously said that only those techniques that inflict pain equivalent to “death, organ failure or permanent damage resulting in a loss of significant body functions” constitute torture, and last year refused to agree that the president could not order a detainee buried alive. With Obama signaling a clean break from the Bush administration’s terrorism policies, it’s no wonder Yoo is desperate to restore his crumbling torture regime.

28 January 2009

:: More on HuffPost re Republican behavior (besides, I had to share this great graphic from HP). The headline over the elephant pic reads "Toeing the Party Line". Gotta admit, we Dems have a much keener sense of humor than the Repubs. Oh, and by the time you click on this link, the headline and the image may be different because it's on the HuffPost home page.From HUFFPOST: